Matter of Rasaad DeF.
2008 NY Slip Op 02684 [49 AD3d 446]
March 25, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


In the Matter of Rasaad DeF., a Person Alleged to be a Juvenile Delinquent, Appellant.

[*1] Tamara A. Steckler, The Legal Aid Society, New York City (Diane Pazar of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Norman Corenthal of counsel), for presentment agency.

Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on or about July 23, 2007, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute menacing in the second degree, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]). The evidence supports a reasonable inference that appellant threatened a police officer with an apparent pistol and then, while fleeing, divested himself of the object in a manner that escaped the notice of the pursuing police. Concur—Tom, J.P., Andrias, Nardelli and Sweeny, JJ.